Law & Ethics Essay Example | Topics and Well Written Essays - 1500 words

Law & Ethics - Essay Example According to this model, whenever a lawyer is representing a client, it does not amount to the lawyer endorsing the economic, sociopolitical or moral outlook of the client (Zacharias, n.p.). This therefore means, that a lawyer is distinct from the activities of a client even in appointed representation, and thus should not be party to the activities of the client that amount either to fraud or misconduct of the client. This way, the model requires the lawyer to act in a way that does not entangle him/her in misconduct or fraud committed by the client, and thus act as a gatekeeper who prevents such occurrences within an organization (Wan, 502). Further, the ABA Model 2004 defines and limits the scope of representation of a client by the lawyer, through stipulating that a lawyer may not represent a client or assist the client in a conduct that is deemed to be illegal or fraudulent, but that the lawyer should instead discuss and offer legal counsel to the client, regarding such matters (Zacharias, n.p.). ... an integral part of corporate governance, through defining the corporate organization as a client, and through providing for the course of action that a lawyer should take in protecting the client against adversarial intentions and activities (Zacharias, n.p.). The Model provides that whenever an organization’s lawyer knows that an employee, an officer or any other person associated with the organization is engaged in an action or is intending to engage in an action that is likely to harm an organization, the lawyer is duty-bound to act in the best interest of the organization, to prevent the occurrence f the same (Wan, 512). According to the provisions of this model, unless the lawyer reasonably believes that it will not be in the best interest of the organization, the lawyer should refer the matter to a higher authority within the organization, and if it is warranted, to another higher authority outside the organization, that will act in the best interest of the organization (Zacharias, n.p.). This way, the model places a lawyer in a gate keeping position, and requires that he lawyer should always act in the best interest that protects the client, or hinder the client from conduction fraudulent, criminal or immoral activities (Wan, 488). Question 2: The incentives framework that rentier-state theory introduced in Kuwait and how it impacted the business environment The rentier-state theory introduced a political autonomy framework of incentives in Kuwait, allowing the country to be able to discharge its internal affairs without being overly influenced by external and foreign forces, regarding the internal matters of governance and administration (Al-Zumai, 7). This incentive framework is an essential aspect for the establishment of a legal framework that works for

You Choose Essay Example | Topics and Well Written Essays - 1750 words

You Choose - Essay Example vement aimed at enforcement of the guarantees of racial equality that were already contained in the Civil War (13th, 14th and 15th) Amendments to the US Constitution, as well as the Civil Rights Acts from the Reconstruction period. To the contrary, these guarantees were greatly undermined by subsequent US legislation. In fact, the Civil Rights Act of 1875 had even been declared unconstitutional within just a decade by Supreme Court rulings in 1883 on the basis that â€Å"Congress had no right to trespass on the states’ internal powers of economic regulation†. (Chambers Dictionary) The consequence of this was that the fundamental citizenship rights promised to the blacks were denied, and the existent status of blacks as slaves since the founding of the republic was exploited to pave the way for the practice of racial segregation. The Civil Rights Act of 1875 did provide for equal accommodation for both blacks and whites, but it was limited to public facilities that excluded schools. Moreover, its annulment by the 1883 Supreme Court ruling put an abrupt end to the even limited promised rights and reinforced segregation practices. The Plessy v. Ferguson (1896) case resulted in another landmark Supreme Court ruling wherein the segregation of blacks and whites was further legitimized by expounding the ‘separate but equal’ doctrine. â€Å"Plessy set the precedent that ‘separate’ facilities for blacks and whites were constitutional as long as they were ‘equal’.† (Landmark cases). In this case, legislation was permitted to make distinctions based on race as long as neither was deprived of rights or privileges. Consequently, this doctrine was applied in many public places such as schools, restaurants, department stores, libraries, theatres, transportation etc. In effect, this created an unnecessary duplication of services, but the inequalities and inconveniences that black people faced can easily be imagined. From a legal perspective it also demonstrated the